Mississippi Criminal Law BlogValentine’s Day is right around the corner, and for some couples it isn’t always sunshine and roses. According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men in the United States have experienced some form of physical violence at the hands of an intimate partner, also referred to as domestic violence.
What is Domestic Violence?
The United States Department of Justice defines domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence may be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior.
What are Mississippi’s Laws on Domestic Violence?
In Mississippi, there are two types of domestic violence that an individual can be charged with: simple domestic violence and aggravated domestic violence. To establish domestic violence, the offense must be committed against particular groups of people such as:
- A current or former spouse of the offender or a child of that person
- A parent, grandparent, child, grandchild or someone similarly situated to the offender
- A person who has a current or former dating relationship with the offender; or
- A person with whom the offender has had a biological or legally adopted child
To be found guilty of simple domestic violence in Mississippi, an individual must do one or more of the following:
- Attempt to cause or purposely, knowingly, or recklessly cause bodily injury to another person
- Negligently cause bodily injury to another person with a deadly weapon or other means that are likely to produce death or serious bodily harm; or
- Attempt by physical menace to put another person in fear of imminent serious bodily harm
Additionally, to be found guilty of aggravated domestic violence in Mississippi, an individual must perform one or more of the following actions:
- Attempt to cause serious bodily injury to another person, or cause such an injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life
- Attempt to cause or purposely or knowingly causes bodily injury to another person with a deadly weapon or other means likely to produce death or serious bodily harm; or
- Strangles, or attempts to strangle another person
Penalty for Domestic Violence in Mississippi
If convicted of simple domestic violence, the individual’s punishment will consist of a maximum fine of Five Hundred Dollars ($500.00) or by imprisonment in the county jail for no longer than six (6) months, or both. If convicted of aggravated domestic violence, the individual will be imprisoned in the custody of the Department for Corrections for a minimum of two (2) years and a maximum of twenty (20) years.
Finding an Attorney
If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous offenders pursue favorable outcomes. Although being accused of a crime is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call/contact us today for your free consultation to learn more.
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